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Direct linkPerry A. Zirkel – Communique, 2024
The central school district obligation for disciplinary changes in placement under the Individuals with Disabilities Education Act (IDEA) is to answer the question of whether the conduct at issue is a manifestation of the individual student's disability. School psychologists often play a key role in this team-based manifestation determination…
Descriptors: Federal Legislation, Equal Education, Students with Disabilities, Educational Legislation
Peer reviewedZirkel, Perry A. – Journal of Special Education, 2017
Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…
Descriptors: State Legislation, State Policy, Functional Behavioral Assessment, Positive Behavior Supports
Download full textOrganization for Autism Research, 2019
The fundamental intent of special education is to provide instruction to meet each child's unique needs. "Life Journey through Autism: Navigating the Special Education System" offers information, tools, and tips that will help parents become an even more effective advocate for their children. Many teachers, administrators, and school…
Descriptors: Autism, Pervasive Developmental Disorders, Students with Disabilities, Equal Education
US Senate (NJ1), 2014
There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…
Descriptors: Discipline Policy, Discipline Problems, Punishment, Educational Research
O'Shea, Dorothy J.; Drayden, Margaret – Exceptionality, 2008
Changes to the Individuals with Disabilities Education Improvement Act (Public Law 108-446) (now known as the Individuals with Disabilities Education Act of 2004: IDEA) mandated new requirements for providing discipline to students with disabilities. These changes led to simplified procedures when students with disabilities commit infractions of…
Descriptors: Discipline, Prevention, Disabilities, Educational Legislation
Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…
Descriptors: Individualized Education Programs, Individualized Programs, Disabilities, Individualized Instruction
Ryan, Joseph B.; Peterson, Reece L.; Rozalski, Michael – Education and Treatment of Children, 2007
The use of seclusion timeout in school settings has again become controversial. For more than 35 years there have been recommendations that states and schools develop policies and procedures regarding the use of seclusion timeout in school settings. Recent lawsuits brought against school districts accusing them of violating student rights through…
Descriptors: Special Needs Students, School Districts, State Departments of Education, Court Litigation
